Madras High Court
Raja @ Pura Raja vs State Of Tamil Nadu on 26 March, 2025
Author: B.Pugalendhi
Bench: B.Pugalendhi
Crl.A(MD)No.365 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED :26.03.2025
CORAM:
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
Crl.A(MD)No.365 of 2025
Raja @ Pura Raja ... Appellant
Vs
1.State of Tamil Nadu
Represented by
The Deputy Superintendent of Police,
Tiruhendur Police Station,
Thoothukudi District.
2.The Inspector of Police,
All Women Police Station,
Tiruhendur Police Station,
Thoothukudi District.
Crime No.270 of 2023
3.Pechiammal ... Respondents
PRAYER: Appeal filed under Section 14-A(2) of Schedule Caste and
Schedule Tribes (Prevention of Atrocities) Amendment Act, 2015, as
against the order of dismissal passed by the learned Judge, Special
Court for Exclusive trial of cases under SC/ST (POA) Act,
Thoothukudi (FAC) in Cr.MP.No.40 of 2025 in Crime No.270 of
2023, dated 06.03.2025.
1/11
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Crl.A(MD)No.365 of 2025
For Appellant : Mr.J.Joseph Zinoson
For R1 & R2 : Mr.A.S.Abdul Kalam Asad
Government Advocate
R3 : Party in person
JUDGMENT
This appellant is arrayed as A1 in Crime No.270 of 2023, on
the file of the Tiruchendur Police Station, for the offence under
Sections 364, 365, 302, 201 IPC and Section 3(2)(v) of SC/ST(POA)
Act that this appellant along with three others said to have murdered
one Balakannan on 07.09.2023 in a TASMAC shop. The applications
filed by this appellant before the I Additional District and Sessions
Judge, Thoothukudi for bail were dismissed thrice by the trial Court
and appeals filed by this appellant as against the dismissal orders have
also been dismissed by this Court, considering his antecedents and the
manner, in which, the dead body was concealed. He was arrested on
14.09.2023. The appellant has also moved another application before
the trial Court in Cr.MP.No.40 of 2025, seeking bail and the same was
dismissed by the trial Court on 06.03.2025. Challenging the same, the
appellant has filed this criminal appeal.
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2.The case of the prosecution is that on 07.09.2023, this
appellant along with his friends were consuming liquor in a TASMAC
shop and at that time, one Balakannan, the deceased, who was also a
drunkard had demanded the appellant and his friends to provide liquor
to him. He also went to an extent of intimidating this appellant and
others that in the event if they are not providing liquor, he would foist
a false case as against them, under the provisions of SC/ST(POA) Act.
There was a quarrel. The deceased has also said to have caused
damage to the motorcycle of this appellant/A1. Therefore, this
appellant /A1 along with the other accused attacked the deceased with
broken beer bottle and caused fatal injury to him. After murdering
him, all the accused said to have buried the dead body and that was
detected by the investigation agency by the confession statement of the
co-accused.
3.The learned counsel appearing for the petitioner submits
that except this appellant, all other accused in Crime No.270 of 2023
have been released on bail. The final report was filed and the same
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was taken on file in SC No.19 of 2024 by the Special Court for SC/ST
Act Cases, Thoothukudi, however, the trial has not proceeded as there
is no regular judicial Officer in the Special Court. He also submits that
this appellant is in jail for the past 1 ½ years.
4.The learned Government Advocate appearing for the
respondent police submits that this appellant is a history sheeted
rowdy. He has involved in nine previous cases. The details of the
previous cases as against this appellant are as under:-
Sl.N Crime Name of the Police
Nature of Offences
o. Numbers Station
1. 406/2015 Tiruchendur 379 IPC
2. 88/2016 Arumuganeri 457, 380 and 511 IPC
457, 380 IPC @ 457,
3. 89/2016 Arumuganeri
380, 511 IPC
4. 540/2017 Thoothukudi North 379 IPC
5. 169/2017 Meignanapuram 379 IPC
170/2017 Meignanapuram 379 IPC
7. 379 IPC
171/2017 Meignanapuram
8. 294b, 324, 307,
312/2022 Tiruchendur
506(ii) IPC
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Man missing @
364,365,302,201 IPC
9. & 3(2)(v) of
270/2023 Tiruchendur
SC/ST(POA)
Amendment Act,
2015.
5.In reply, the learned counsel for the appellant submits that
out of nine cases, eight cases were ended in acquittal and only one case
is pending and in that case also, the witnesses have not supported the
case of the prosecution. He also undertakes that this appellant will
regularly appear before the trial Court and co-operate for the trial. The
learned counsel has also furnished copies of judgments in CC Nos.62
of 2022, 63 of 2022 and 64 of 2022, dated 10.04.2024 rendered by the
learned Judicial Magistrate, Sathankulam, wherein he was acquitted.
Copies of depositions in SC No.258 of 2023 are also placed before this
Court.
6.The Defacto complainant, who is present before this Court
has raised serious objections for grant of suspension of sentence to the
appellant that she is having two children and, if he is granted with
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suspension of sentence, he may cause harm to the defacto complainant
and her children.
7.This Court considered the rival submissions made and also
perused the materials placed on record.
8. Even as per the prosecution case, the deceased Balakannan
had intimidated the accused, who were in TASMAC shop to provide
him liquor and when the same was refused by the appellant, the
deceased went to an extent of damaging the appellant's vehicle,
thereby, there was a clash between the deceased and the appellant.
Fatal injuries were caused by the appellant on the deceased, by using
the broken beer bottle. The appellant was arrested on 14.09.2023 and
since then he is in jail. It is also brought to the notice of this Court that
the co-accused have been released on bail. The earlier appeals filed by
this appellant were rejected by this Court, considering his antecedents,
overt act as against him and also the manner, in which the dead body
was buried. It appears that though the final report was filed in the year
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2024, the trial could not be proceeded for want of regular Judicial
Officer. With regard to the previous cases as against this appellant, it is
stated that in three cases registered as against this appellant in Crime
Nos.169 to 171 of 2017, on the file of the Meignanapuram Police
Station for the offence under Section 379 IPC, this appellant has been
acquitted. In respect of a case in Crime No.312 of 2022 on the file of
Tiruchendur Police Station, the prosecution witnesses themselves have
not supported the case of the prosecution.
9.In view of the above and considering the period of
incarceration, this Court is inclined to allow this Criminal Appeal.
Accordingly, this Criminal Appeal is allowed and the order passed by
the learned I Additional District and Sessions Judge, Thoothukudi in
Crl.MP.No.40 of 2025, dated 06.03.2025, is hereby set aside. The
appellant is ordered to be released on bail on the following
conditions:-
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i) The appellant shall execute a bond for a sum
of Rs.50,000/-(Rupees Fifty Thousand) with two
sureties each for a like sum to the satisfaction of the
learned Sessions Judge, Special Court for exclusive trial
of cases under SC/ST (POA) Act, Thoothukudi(FAC).
One surety shall be a respectful person in the Society
and another surety must be his mother.
ii) The appellant and the sureties shall submit a
copy of their Aadhaar Card or any other identity card
issued by the Government in proof of their residence
address;
iii)The appellant shall stay at Trichy and report
before the Inspector of Police, Thottiam Police Station
daily at 10.30 a.m., and 5.00 p.m., until further orders
except the day, in which, he has to appear before the trial
Court.
iv)The appellant shall file an affidavit of
undertaking before the respondent police as well as
before the trial Court that he will not involve in any
offence in future and will not visit the place of
occurrence. He has to further undertake that he will not
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disturb the defacto complainant and her children.
v) The appellant shall not misuse the liberty
granted to him by indulging in any further offence and
shall not tamper with the prosecution witnesses. The
appellant shall co-operate for the investigation.
vi) On violation of any of the above conditions
by the appellant, the respondent police shall move an
application for cancellation of the bail.
26.03.2025
NCC : Yes / No.
Index : Yes / No.
Internet : Yes / No.
vrn
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To
1.The Special Court for Exclusive trial of cases under SC/ST(POA)
Act, Thoothukudi.
2.The Deputy Superintendent of Police,
Tiruhendur Police Station,
Thoothukudi District.
3.The Inspector of Police,
All Women Police Station,
Tiruhendur Police Station,
Thoothukudi District.
4.The Inspector of Police,
Thottiam Police Station,
Trichy.
5.The Superintendent,
Central Prison,
Palayamkottai,
Tirunelveli.
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B.PUGALENDHI, J.,
vrn
Judgment made in
26.03.2025
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